Settlement Agreement Reached to Resolve American with Disabilities Act Complaint

PROVIDENCE, RI –United States Attorney Zachary A. Cunha today announced that the U.S. Attorney’s Office has reached a settlement agreement with Fresh Start Learning Center (“Fresh Start”), a childcare center in Middletown, RI, that provides childcare for children ages 18 months to 5 years old, to resolve allegations that Fresh Start was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”). 

The settlement agreement addresses an ADA complaint filed by the parent of a child with autism, alleging that Fresh Start refused to make any reasonable accommodations and terminated the child from the program because of his disability.

According to information contained in the settlement agreement, the child was initially enrolled at Fresh Start in January 2022, shortly after he turned three years old. After attending childcare at Fresh Start for more than one year, the child’s mother provided Fresh Start with an evaluation stating that her child had a diagnosis of Autism Spectrum Disorder, and suggesting recommended reasonable accommodations. Shortly after receiving the evaluation and request for accommodations, and without any prior warnings or incidents, Fresh Start notified the parent that her child would be disenrolled from the daycare due to the standard of care that was required.

Under the terms of the settlement agreement, Fresh Start will implement new nondiscriminatory policies, practices, and procedures for children with disabilities who wish to attend their daycare; train its staff on compliance with Title III of the ADA; and evaluate each request for reasonable modifications on an individualized basis. Fresh Start has also agreed to pay a total of $7,000 in compensatory damages to the Complainant.

Title III of the ADA prohibits discrimination against people with disabilities in places of public accommodations, including daycare centers. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities. The Department of Justice is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.

The United States’ case was handled by Assistant United States Attorney Amy R. Romero.

For more information on the ADA, visit www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD). Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 401-709-5000.

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